We Are OSHA

We Can Help
Workers’ rights under the OSH Act
Workers are entitled to working conditions
that do not pose a risk of serious harm. To
help assure a safe and healthful workplace,
OSHA also provides workers with the right to:
• Ask OSHA to inspect their workplace;
• Use their rights under the law without
retaliation;
• Receive information and training about
hazards, methods to prevent harm, and
the OSHA standards that apply to their
workplace. The training must be in a
language you can understand;
• Get copies of test results done to find
hazards in the workplace;
• Review records of work-related injuries
and illnesses; and
• Get copies of their medical records.

Occupational Safety and Health Administration

U.S. Department of Labor
 Who OSHA covers
Private sector workers
Most employees in the
nation come under OSHA’s
jurisdiction. OSHA covers
private sector employers
and employees in all
50 states, the District
of Columbia, and other
U.S. jurisdictions either directly through
Federal OSHA or through an OSHA-approved
state program. State-run health and safety
programs must be at least as effective as the
Federal OSHA program. To find the contact
information for the OSHA Federal or State
Program office nearest you, call 1-800-321-
OSHA (6742) or go to www.osha.gov.

State and local government workers

Employees who work for state and local
governments are not covered by Federal OSHA,
but have OSH Act protections if they work
in those states that have an OSHA-approved
state program. The following 22 states or
territories have OSHA-approved programs:
Alaska Arizona California
Hawaii Indiana Iowa
Kentucky Maryland Michigan
Minnesota Nevada New Mexico
North Carolina Oregon South Carolina
Tennessee Utah Vermont
Virginia Washington Wyoming
Puerto Rico

Five additional states and one U.S. territory

have OSHA-approved plans that cover public
sector workers only:
Connecticut Illinois Maine
New Jersey New York Virgin Islands

Private sector workers in these five states and

the Virgin Islands are covered by Federal OSHA.
Federal government
workers
Federal agencies
must have a safety
and health program
that meets the same
standards as private
employers. Although OSHA does not fine
federal agencies, it does monitor federal
agencies and responds to workers’ complaints.
The United States Postal Service (USPS) is
covered by OSHA.

Not covered under the OSH Act:

• Self-employed;
• Immediate family members of farm
employers who do not employ outside
employees;
• Workplace hazards regulated by another
federal agency (for example, the Mine
Safety and Health Administration, the
Department of Energy, or Coast Guard).

OSHA standards:
Protection on the job

OSHA standards are rules

that describe the methods
that employers must use
to protect their employees
from hazards. There
are OSHA standards
for Construction work,
Agriculture, Maritime
operations, and General
Industry, which are the standards that apply
to most worksites. These standards limit the
amount of hazardous chemicals workers
can be exposed to, require the use of certain
safe practices and equipment, and require
employers to monitor hazards and keep
records of workplace injuries and illnesses.
Examples of OSHA
standards include
requirements to
provide fall protection,
prevent trenching
cave-ins, prevent some
infectious diseases,
assure that workers
safely enter confined spaces, prevent
exposure to harmful substances like asbestos,
put guards on machines, provide respirators
or other safety equipment, and provide
training for certain dangerous jobs.
Employers must also comply with the
General Duty Clause of the OSH Act, which
requires employers to keep their workplace
free of serious recognized hazards. This
clause is generally cited when no OSHA
standard applies to the hazard.

Workers can ask OSHA

to inspect their workplace
Workers, or their representatives, may file
a complaint and ask OSHA to inspect their
workplace if they believe there is a serious
hazard or that their employer is not following
OSHA standards. A worker can tell OSHA
not to let their employer know who filed the
complaint. It is a violation of the OSH Act
for an employer to fire, demote, transfer or
retaliate in any way against a worker for
filing a complaint or using other OSHA rights.

Written complaints that are signed by a worker

or their representative and submitted to the
closest OSHA office are more likely to result in
an on-site OSHA inspection. You can call 1-800-
321-OSHA (6742) to request a complaint form
from your local OSHA office or visit www.osha.
gov/pls/osha7/eComplaintForm.html to submit
the form online. Completed forms can also be
faxed or mailed to the local OSHA office. Most
complaints sent in online may be resolved
informally over the phone with your employer.

When the OSHA inspector arrives, workers

and their representatives have the right to:

• Go along on the inspection;

• Talk privately with the OSHA inspector; and
• Take part in meetings with the inspector
and the employer before and after the
inspection is conducted.

Where there is no
union or employee
representative, the
OSHA inspector must
talk confidentially with
a reasonable number
of workers during the
course of the investigation.

When an inspector finds violations of OSHA

standards or serious hazards, OSHA may
issue citations and fines. A citation includes
the methods an employer may use to fix a
problem and the date by when the corrective
actions must be completed. Workers only
have the right to challenge the deadline for
when a problem must be resolved. Employers,
on the other hand, have the right to contest
whether there is a violation or any other part
of the citation. Workers or their representatives
must notify OSHA that they want to be
involved in the appeals process if the
employer challenges a citation.

If you send in a complaint requesting an OSHA

inspection, you have the right to find out the
results of the OSHA inspection and request a
review if OSHA does not issue citations.
 Employer responsibilities
Employers have the responsibility to provide
a safe workplace. Employers MUST provide
their employees with a workplace that does
not have serious hazards and must follow
all OSHA safety and health standards.
Employers must find and correct safety
and health problems. OSHA further requires
employers to try to eliminate or reduce
hazards first by making changes in working
conditions rather than just relying on masks,
gloves, earplugs or other types of personal
protective equipment. Switching to safer
chemicals, implementing processes to trap
harmful fumes, or using ventilation systems
to clean the air are examples of effective
ways to get rid of or minimize risks.

Employers MUST also:

• Prominently display the official OSHA Job
Safety and Health – It’s the Law poster that
describes rights and responsibilities under
the OSH Act. This poster is free and can be
downloaded from www.osha.gov.
• Inform workers about chemical hazards
through training, labels, alarms, color-coded
systems, chemical information sheets and
other methods.
• Provide safety training to workers in
a language and vocabulary they can
understand.
• Keep accurate records of work-related
injuries and illnesses.
• Perform tests in the workplace, such as
air sampling, required by some OSHA
standards.
• Provide required personal protective
equipment at no cost to workers.*
• Provide hearing exams or other medical
tests required by OSHA standards.
• Post OSHA citations and injury and illness
data where workers can see them.
• Notify OSHA within 8 hours of a workplace
fatality or within 24 hours of any work-
related inpatient hospitalization, amputation
or loss of an eye (1-800-321-OSHA [6742]).
• Not retaliate against workers for using their
rights under the law, including their right to
report a work-related injury or illness.
* Employers must pay for most types of required
personal protective equipment.

The law protects workers

from retaliation when
using their OSHA rights
The OSH Act protects workers who
complain to their employer, OSHA or
other government agencies about unsafe
or unhealthful working conditions in the
workplace or environmental problems. You
cannot be transferred, denied a raise, have
your hours reduced, be fired, or punished in
any other way because you used any right
given to you under the OSH Act. Help is
available from OSHA for whistleblowers.

If you have been punished or retaliated against

for using your rights, you must file a complaint
with OSHA within 30 days from the date
the retaliatory decision was both made and
communicated to you. No form is needed,
but you must call OSHA within 30 days of the
alleged retaliation at 1-800-321-OSHA (6742)
and ask to speak to the OSHA area office
nearest you to report the retaliation.
 You have the right to
a safe workplace
The Occupational Safety and Health
Act of 1970 (OSH Act) was passed to
prevent workers from being killed or
seriously harmed at work. The law
requires that employers provide their
employees with working conditions
that are free of known dangers. The
Act created the Occupational Safety
and Health Administration (OSHA),
which sets and enforces protective
workplace safety and health standards.
OSHA also provides information,
training and assistance to workers
and employers. Workers may file a
complaint to have OSHA inspect their
workplace if they believe that their
employer is not following OSHA
standards or there are serious hazards.

Contact us if you have questions or

want to file a complaint. We will keep
your information confidential. We are
here to help you. Call our toll-free
number at 1-800-321-OSHA (6742) or
go to www.osha.gov.

Occupational Safety
and Health Administration

1-800-321-OSHA (6742) TTY 1-877-889-5627

www.osha.gov

OSHA 3334-09R 2015